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MATTER OF MITAL v. CONSUL-GEN., CONSULATE GEN. OF INDIA

233 A.D.2d 226 (1996)

650 N.Y.S.2d 116

In the Matter of Ram Kishan Mital, Appellant, v. Consul-General, Consulate General of India, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 21, 1996

The act petitioner would have respondent perform — confirming and authenticating an affidavit pursuant to the Diplomatic and Consular Office (Oath and Fees) Act of 1948 (India) — is obviously an "exercise of consular functions", and, as such, under article 43 of the Vienna Convention on Consular Relations, cannot be compelled by "the judicial or administrative authorities of the receiving state" (21 UST 77, 104, TIAS...

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